33 U.S.C. § 2202 — Non-Federal engagement and review

Page 699 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2202 Pub. L. 106–541, § 2, Dec. 11, 2000, 114 Stat. 2575, pro- vided that: ‘‘In this Act [see Tables for classification], the term ‘Secretary’ means the Secretary of the Army.’’ Pub. L. 106–53, § 2, Aug. 17, 1999, 113 Stat. 273, provided that: ‘‘In this Act [see Tables for classification], the term ‘Secretary’ means the Secretary of the Army.’’ Pub. L. 104–303, § 2, Oct. 12, 1996, 110 Stat. 3662, pro- vided that: ‘‘In this Act [see Tables for classification], the term ‘Secretary’ means the Secretary of the Army.’’ Pub. L. 102–580, § 3, Oct. 31, 1992, 106 Stat. 4801, pro- vided that: ‘‘For purposes of this Act [see Short Title of 1992 Amendment note above], the term ‘Secretary’ means the Secretary of the Army.’’ Pub. L. 101–640, § 2, Nov. 28, 1990, 104 Stat. 4605, pro- vided that: ‘‘For purposes of this Act [see Short Title of 1990 Amendment note above], the term ‘Secretary’ means the Secretary of the Army.’’ Pub. L. 100–676, § 2, Nov. 17, 1988, 102 Stat. 4013, pro- vided that: ‘‘For purposes of this Act [see Short Title of 1988 Amendment note above], the term ‘Secretary’ means the Secretary of the Army.’’ Executive Documents PROMOTING THE RELIABLE SUPPLY AND DELIVERY OF WATER IN THE WEST Memorandum of President of the United States, Oct. 19, 2018, 83 F.R. 53961, which related to water infrastruc- ture throughout the western United States, was re- voked by Ex. Ord. No. 13990, § 7(d), Jan. 20, 2021, 86 F.R. 7042, set out in a note under section 4321 of Title 42, The Public Health and Welfare. § 2202. Non-Federal engagement and review (a) Issuance The Secretary shall expeditiously issue guid- ance to implement each covered provision of law in accordance with this section. (b) Public notice (1) In general Prior to developing and issuing any new or revised implementation guidance for a covered water resources development law, the Sec- retary shall issue a public notice that— (A) informs potentially interested non- Federal stakeholders of the Secretary’s in- tent to develop and issue such guidance; and (B) provides an opportunity for interested non-Federal stakeholders to engage with, and provide input and recommendations to, the Secretary on the development and issuance of such guidance. (2) Issuance of notice The Secretary shall issue the notice under paragraph (1) through a posting on a publicly accessible website dedicated to providing no- tice on the development and issuance of imple- mentation guidance for a covered water re- sources development law. (c) Stakeholder engagement (1) Input The Secretary shall allow a minimum of 60 days after issuance of the public notice under subsection (b) for non-Federal stake- holders to provide input and recommenda- tions to the Secretary, prior to finalizing implementation guidance for a covered water resources development law. (2) Outreach The Secretary may, as appropriate (as de- termined by the Secretary), reach out to non-Federal stakeholders and circulate drafts of implementation guidance for a cov- ered water resources development law for in- formal input and recommendations. (d) Submission The Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a copy of all input and recommendations received pursuant to subsection (c) and a description of any consideration of such input and rec- ommendations. (e) Development of guidance When developing implementation guidance for a covered water resources development law, the Secretary shall take into consideration the input and recommendations received from non- Federal stakeholders, and make the final guid- ance available to the public on the publicly ac- cessible website described in subsection (b)(2). (f) Definitions In this section: (1) Covered provision of law The term ‘‘covered provision of law’’ means a provision of law under the jurisdiction of the Secretary contained in, or amended by, a cov- ered water resources development law, with respect to which— (A) the Secretary determines guidance is necessary in order to implement the provi- sion; and (B) no such guidance has been issued as of October 23, 2018. (2) Covered water resources development law The term ‘‘covered water resources develop- ment law’’ means— (A) the Water Resources Reform and De- velopment Act of 2014; (B) the Water Resources Development Act of 2016; (C) this Act; and (D) any Federal water resources develop- ment law enacted after October 23, 2018. (Pub. L. 115–270, title I, § 1105, Oct. 23, 2018, 132 Stat. 3772.) Editorial Notes REFERENCES IN TEXT The Water Resources Reform and Development Act of 2014, referred to in subsec. (f)(2)(A), is Pub. L. 113–121, June 10, 2014, 128 Stat. 1193. For complete classification of this Act to the Code, see Short Title of 2014 Amend- ment note set out under section 2201 of this title and Tables. The Water Resources Development Act of 2016, re- ferred to in subsec. (f)(2)(B), is title I of Pub. L. 114–322, Dec. 16, 2016, 130 Stat. 1632. For complete classification of this Act to the Code, see Short Title of 2016 Amend- ment note set out under section 2201 of this title and Tables. This Act, referred to in subsec. (f)(2)(C), probably means title I of Pub. L. 115–270, Oct. 23, 2018, 132 Stat. 3768, known as the Water Resources Development Act of 2018. For complete classification of this Act to the Code, see Short Title of 2018 Amendment note set out under section 2201 of this title and Tables. CODIFICATION Section was enacted as part of the Water Resources Development Act of 2018, and also as part of the Amer- Page 700 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2203 ica’s Water Infrastructure Act of 2018, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Statutory Notes and Related Subsidiaries NON-FEDERAL INTEREST ADVISORY COMMITTEE Pub. L. 117–263, div. H, title LXXXI, § 8150, Dec. 23, 2022, 136 Stat. 3731, provided that: ‘‘(a) IN GENERAL.—Not later than 90 days after the date of enactment of this Act [Dec. 23, 2022], the Sec- retary [of the Army] shall establish a committee, to be known as the ‘Non-Federal Interest Advisory Com- mittee’ and referred to in this section as the ‘Com- mittee’, to develop and make recommendations to the Secretary and the Chief of Engineers on activities and actions that should be undertaken by the Corps of En- gineers to ensure more effective and efficient delivery of water resources development projects, programs, and other assistance. ‘‘(b) MEMBERSHIP.— ‘‘(1) IN GENERAL.—The Committee shall be com- posed of the members described in paragraph (2), who shall— ‘‘(A) be appointed by the Secretary; and ‘‘(B) have the requisite experiential or technical knowledge needed to address issues related to water resources needs and challenges. ‘‘(2) REPRESENTATIVES.—The members of the Com- mittee shall include the following: ‘‘(A) 1 representative of each of the following: ‘‘(i) A non-Federal interest for a project for navigation for an inland harbor. ‘‘(ii) A non-Federal interest for a project for navigation for a harbor. ‘‘(iii) A non-Federal interest for a project for flood risk management. ‘‘(iv) A non-Federal interest for a project for coastal storm risk management. ‘‘(v) A non-Federal interest for a project for aquatic ecosystem restoration. ‘‘(B) 1 representative of each of the following: ‘‘(i) A non-Federal stakeholder with respect to inland waterborne transportation. ‘‘(ii) A non-Federal stakeholder with respect to water supply. ‘‘(iii) A non-Federal stakeholder with respect to recreation. ‘‘(iv) A non-Federal stakeholder with respect to hydropower. ‘‘(v) A non-Federal stakeholder with respect to emergency preparedness, including coastal pro- tection. ‘‘(C) 1 representative of each of the following: ‘‘(i) An organization with expertise in conserva- tion. ‘‘(ii) An organization with expertise in environ- mental policy. ‘‘(iii) An organization with expertise in rural water resources. ‘‘(c) DUTIES.— ‘‘(1) RECOMMENDATIONS.—The Committee shall pro- vide advice and make recommendations to the Sec- retary and the Chief of Engineers to assist the Corps of Engineers in— ‘‘(A) efficiently and effectively delivering water resources development projects; ‘‘(B) improving the capability and capacity of the workforce of the Corps of Engineers to deliver such projects and other assistance; ‘‘(C) improving the capacity and effectiveness of Corps of Engineers consultation and liaison roles in communicating water resources needs and solu- tions, including regionally specific recommenda- tions; and ‘‘(D) strengthening partnerships with non-Federal interests to advance water resources solutions. ‘‘(2) MEETINGS.—The Committee shall meet as ap- propriate to develop and make recommendations under paragraph (1). ‘‘(3) REPORT.—Recommendations made under para- graph (1) shall be— ‘‘(A) included in a report submitted to the Com- mittee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and ‘‘(B) made publicly available, including on a pub- licly available website. ‘‘(d) INDEPENDENT JUDGMENT.—Any recommendation made by the Committee to the Secretary and the Chief of Engineers under subsection (c)(1) shall reflect the independent judgment of the Committee. ‘‘(e) ADMINISTRATION.— ‘‘(1) COMPENSATION.—Except as provided in para- graph (2), the members of the Committee shall serve without compensation. ‘‘(2) TRAVEL EXPENSES.—The members of the Com- mittee shall receive travel expenses, including per diem in lieu of subsistence, in accordance with appli- cable provisions under subchapter I of chapter 57 of title 5, United States Code. ‘‘(3) TREATMENT.—The members of the Committee shall not be considered to be Federal employees, and the meetings and reports of the Committee shall not be considered a major Federal action under the Na- tional Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).’’ IMPLEMENTATION GUIDANCE Pub. L. 116–260, div. AA, title II, § 223(d), Dec. 27, 2020, 134 Stat. 2696, provided that: ‘‘The Secretary [of the Army] shall expeditiously issue any guidance necessary to implement any provision of this Act [div. AA of Pub. L. 116–260, see Tables for classification], including any amendments made by this Act, in accordance with sec- tion 1105 of the Water Resources Development Act of 2018 (33 U.S.C. 2202).’’ ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 102 of Pub. L. 115–270, set out as a note under sec- tion 2201 of this title. § 2203. Review of contracting policies (a) Review of contractual agreements (1) In general Not later than 180 days after December 27, 2020, the Secretary shall complete a review of the policies, guidelines, and regulations of the Corps of Engineers for the development of con- tractual agreements between the Secretary and non-Federal interests and utilities associ- ated with the construction of water resources development projects. (2) Report Not later than 90 days after completing the review under subsection (a)(1), the Secretary shall submit to the Committee on Transpor- tation and Infrastructure of the House of Rep- resentatives and the Committee on Environ- ment and Public Works of the Senate, and make publicly available, a report that in- cludes— (A) a summary of the results of the review; and (B) public guidance on best practices for a non-Federal interest to use when writing or developing contractual agreements with the Secretary and utilities. (3) Provision of guidance The Secretary shall provide the best prac- tices guidance included under paragraph (2)(A) to non-Federal interests prior to the develop-